Cree, Inc. of Durham, North Carolina USA, reported that it received a Notice of the Initial Determination for U.S. International Trade Commission (“ITC”) investigation No. 337-TA-947 (“Certain Light-Emitting Diode Products and Components Thereof”).
The initial decision is in favor of Cree against respondents Feit Electric Company, Inc. and its Asian supplier, Unity Opto Technology Co., Ltd. The ITC ruled in its initial determination that Feit Electric Company, Inc. and its Asian supplier, Unity Opto Technology Co., Ltd. violated trade laws for both patent infringement and false advertising.
The ITC Judge’s Decision includes the following findings:
For the initial determination, ITC Judge found that Feit Electric and Unity Opto violated section 337 of the Tariff Act due to infringement of Cree’s patents including U.S. Patent No. 8,596,819 (LED Lighting Product Efficiency); U.S. Patent No. 8,628,214 (LED Lighting Product Efficiency); U.S. Patent No. 7,976,187 (Omni-directional LED Lighting Product); and U.S. Patent No. 8,766,298 (LED Component Structure).
The ITC Judge also found that Feit Electric and Unity Opto used false and misleading advertising when certain products as bore the ENERGY STAR® logo despite having failed to meet ENERGY STAR® standards and requirements.
Cree says that it expects the ITC to make its Final Determination in the investigation by November 29, 2016.
“We are pleased that the Judge’s decision reaffirms Cree’s breakthroughs on more efficient and omnidirectional LED lighting products,” said Brad Kohn, Cree General Counsel. “We hope this decision results in an exclusion order and a cease and desist order that would protect both consumers and Cree by preventing the importation of products that improperly use Cree’s patented technology, falsely claim to meet ENERGY STAR® requirements or both.”